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People v. Cunningham

State of New York Supreme Court, Appellate Division Third Judicial Department


May 13, 2010

THE PEOPLE OF THE STATE OF NEW YORK EX REL. GEORGE PEREZ, APPELLANT,
v.
RAYMOND CUNNINGHAM, AS SUPERINTENDENT OF WOODBOURNE CORRECTIONAL FACILITY, ET AL., RESPONDENTS.

MEMORANDUM AND ORDER

Calendar Date: April 7, 2010

Before: Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ.

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 30, 2009 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner's claim on this appeal, like the ones asserted in People ex rel. Germenis v Cunningham (___ AD3d ___ [decided herewith]) and People ex rel. St. Pierre v Cunningham (___ AD3d ___ [decided herewith]), sounds in breach of contract and is based upon the provisions of form 3617 of the Department of Correctional Services. For the reasons set forth in People ex rel. Germenis v Cunningham (supra) and People ex rel. St. Pierre v Cunningham (supra), we find petitioner's breach of contract claim to be unavailing.

Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur.

ORDERED that the judgment is affirmed, without costs.

20100513

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